Barnard v. Lawyers' Title Insurance
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court' of the city of Rew York overruling a demurrer interposed by the plaintiff to the separate defense contained in the defendant’s answer.
1Opinion of the CourtFreedman, P. J.
The complaint states a cause of action for special damages against the defendant founded upon a breach of contract committed by the defendant in the performance of its duty under a certain contract made with the plaintiff for the examination and insurance of the title *578to certain premises. The breach of contract set forth consists in negligently and inexcusably returning two tax sales as affecting the premises when in point of fact they did not.
Defendant’s answer contains two parts. The' first of these consists of a series of denials and the second sets up “ further and separate defense.” The…
2Cases cited3 opinions
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Gray Lithograph Co. v. American Watchman's Time Detector Co.Appellate Terms of the Supreme Court of New York · 1904
- Marx v. GrossThe Superior Court of New York City · 1893
3Cited by1 opinion
- Singer v. AbramsAppellate Terms of the Supreme Court of New York · 1905